{"id":713,"date":"2021-04-05T13:40:12","date_gmt":"2021-04-05T13:40:12","guid":{"rendered":"https:\/\/www.h1btransfersusa.com\/blog\/?p=713"},"modified":"2021-04-05T13:40:14","modified_gmt":"2021-04-05T13:40:14","slug":"ice-extends-interim-covid-19-protections-for-form-i-9-compliance-through-may-31-expands-accommodations-for-new-hires-on-or-after-april-1","status":"publish","type":"post","link":"https:\/\/www.h1btransfersusa.com\/blog\/ice-extends-interim-covid-19-protections-for-form-i-9-compliance-through-may-31-expands-accommodations-for-new-hires-on-or-after-april-1\/","title":{"rendered":"ICE Extends Interim COVID-19 Protections for Form I-9 Compliance Through May 31, Expands Accommodations for New Hires On or After April 1"},"content":{"rendered":"\n

U.S. Immigration and Customs Enforcement (ICE) has\u202fdeclared that it is extending until 31st May 2021<\/strong>, its casual relaxed enforcement of the normal requirement to physically inspect the original documents presented by new hires during the Form I-9 process<\/strong> and consequently permit eligible employers to continue to implement remote I-9 verification<\/strong> in specific circumstances during the COVID-19 emergency<\/strong>. Also, ICE has introduced a variety of the remote I-9 policy for employees who are recruited on or after 1st April 2021<\/strong>, and are working distantly because of COVID-related precautions.<\/p>\n\n\n\n

Employers who are eligible for and elect to utilize the remote I-9 policy<\/strong> will actually want to inspect Section 2 documents<\/strong> remotely. By video, fax, or email, and must retain copies of the documents. The ordinary timelines for I-9 completion remain in effect. Section 1 of the I-9 <\/strong>should be finished by the employee’s beginning date and Section 2 should be finished within three business days <\/strong>of the beginning date. Employers taking advantage of these relaxed procedures. Must provide written documentation of their remote onboarding and telework policy to each employee.<\/p>\n\n\n\n

Remote Form I-9 policies for employees hired on or after April 1, 2021<\/h2>\n\n\n\n

Employers may utilize remote Form I-9 methods <\/strong>for employees who are (1) recruited on or after 1st April 2021<\/strong>; and (2) are working completely remotely as a COVID-19<\/strong> safety measure, even if the employer has employees working non-remotely at the employer\u2019s premises. For these new recruits, employers are no longer required to have all employees working remotely in order to use the remote I-9 accommodation<\/strong>. A departure from the agency\u2019s pre-April 1, 2021 policy<\/strong>. However, the employer is needed to use standard I-9 procedures for new hires who are working non-remotely on a \u201cregular, consistent, or predictable basis.\u201d<\/p>\n\n\n\n

If an eligible new hire completes the I-9 process <\/strong>remotely on or after 1st April 2021. The employer isn’t needed to inspect the employee\u2019s I-9 documentation <\/strong>in person until the earlier of (1) three days after the employee begins working non-remotely<\/strong> on a regular, consistent, or predictable basis; or (2) within three days after the COVID-19 emergency has finished or ICE<\/strong> has terminated the remote policy. ICE reminds employers that they can start physical inspection of affected employees\u2019 documents earlier than this timeframe at the employer\u2019s discretion<\/strong>. Employers should ensure that they execute such an inspection practice in a consistent and non-discriminatory manner across the workforce.<\/p>\n\n\n\n

The pre-April 1 interim policy and its limits<\/h3>\n\n\n\n

For employees onboarded between 20th March 2020, and March 31, 2021<\/strong>. Employers were allowed to utilize the interim I-9 accommodations<\/strong> for employees working remotely because of COVID-19. Yet just if the working environment was operating entirely remotely, with no employees physically reporting to the work location<\/strong>. Once normal operations resume, employers who adopted this practice must be prepared to inspect the documents of affected employees within three days<\/strong>. As verified above, employers can start physical inspection of documents of affected employees earlier than this timeframe at the employer\u2019s discretion<\/strong>. Such an inspection practice must be implemented in a consistent and non-discriminatory manner across the workforce.<\/p>\n\n\n\n

Considerations For Employers<\/h3>\n\n\n\n

Employers may continue to follow standard Form I-9 systems<\/strong>. Including the use of third-party agents to finish confirmation for the verification on the employer\u2019s behalf. Employers who are gauging whether to embrace or proceed with remote I-9 procedures<\/strong> should consider the following:<\/p>\n\n\n\n